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Manual of Romance Forensic Linguistics
It is evident that published, serious, science-based work in Forensic Linguistics is predominantly written in English and focuses on casework from the English-speaking world. While the first aspect is understandable – given that English serves as an international lingua franca in scientific discourse –, the second aspect presents a significant limitation for the field. Should researchers assume that there is simply less crime in non-English-speaking areas of the world? A more pertinent question might be: What cultural, disciplinary, legal, or legal-cultural factors contribute to the lack of research in (and on) languages other than English? In addition to addressing the underrepresentati...
Science, Culture and National Identity in Francoist Spain, 1939–1959
This book examines the role that science and culture held as instruments of nationalization policies during the first phase of the Franco regime in Spain. It considers the reciprocal relationship between political legitimacy and developments in science and culture, and explores the ‘nationalization’ efforts in Spain in the 1940s and 1950s, via the complex process of transmitting narratives of national identity, through ideas, representations and homogenizing practices. Taking an interdisciplinary approach, the volume features insights into how scientific and cultural language and symbols were used to formulate national identity, through institutions, resource distribution and specific na...
Legal Interpretation and Scientific Knowledge
This book discusses the question of whether legal interpretation is a scientific activity. The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the natural language adopted, is prone to all of the difficulties stemming from the uncertainty intrinsic to all linguistic conventions. In this context, seeking to determine whether legal interpretat...
Logic in the Theory and Practice of Lawmaking
This book presents the current state of the art regarding the application of logical tools to the problems of theory and practice of lawmaking. It shows how contemporary logic may be useful in the analysis of legislation, legislative drafting and legal reasoning concerning different contexts of law making. Elaborations of the process of law making have variously emphasised its political, social or economic aspects. Yet despite strong interest in logical analyses of law, questions remains about the role of logical tools in law making. This volume attempts to bridge that gap, or at least to narrow it, drawing together some important research problems—and some possible solutions—as seen thr...
Culture and Paradiplomatic Identity
The beginning of the millennium has been influenced by a visible acceleration of the globalisation process. A complex and dynamic phenomenon, it has generated a series of consequences at the political, strategic and military levels, as well as the cultural level. The increase of interdependence between actors on the international stage, modern technologies, means of communication, cross-border relations, and the constant flux of goods, capital, services and people entail major changes for the tools used by states in international relations. In this context, states are obligated to identify solutions to overcome risks and threats posed to peace and security, as current regional conflicts can ...
Pragmatics and Law
This volume highlights important aspects of the complex relationship between common language and legal practice. It hosts an interdisciplinary discussion between cognitive science, philosophy of language and philosophy of law, in which an international group of authors aims to promote, enrich and refine this new debate. Philosophers of law have always shown a keen interest in cognitive science and philosophy of language in order to find tools to solve their problems: recently this interest was reciprocated and scholars from cognitive science and philosophy of language now look to the law as a testing ground for their theses. Using the most sophisticated tools available to pragmatics, sociolinguistics, cognitive sciences and legal theory, an interdisciplinary, international group of authors address questions like: Does legal interpretation differ from ordinary understanding? Is the common pragmatic apparatus appropriate to legal practice? What can pragmatics teach about the concept of law and pervasive legal phenomena such as testimony or legal disagreements?
Proportionality, Balancing, and Rights
The book focuses on Robert Alexy’s theory of constitutional rights. Alexy systematically presented the theory in his seminal book “Theorie der Grundrechte” (1985; Engl. translation “Theory of Constitutional Rights, 2002) and continued to develop it in numerous subsequent articles. Arguably still the most influential theory of constitutional rights, it has found widespread academic support, as well as recognition in several constitutional jurisdictions. On the other hand, it has also been the object of considerable criticism. The aim of this book is to outline the central aspects of Alexy’s theory as he sees them, and to further develop the principles of constitutional, fundamental, and human rights by applying a constructive criticism of his theory.
Transport Law in Spain
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to transport law as applied in Spain. The book describes the main sources of transport law, jurisdiction and courts, state immunity, and the legal role of transport intermediaries, with detailed reference to maritime law, transport by road, transport by air, transport by rail, and inland navigation. A special chapter is devoted to multimodal transport. Among the elements of transport law considered are the legal status of the vessel; its acquisition, ownership, and registration; vessel liens and mortgages; the position of master and crew; maritime salvage and assistance; marin...
Critical Issues in Environmental Taxation
Critical Issues in Environmental Taxation is an internationally refereed publication devoted to environmental taxation issues on a worldwide basis. It seeks to provide insights and analysis for achieving environmental goals through tax policy. By sharing the perspectives of the authors in response to the diverse challenges posed by environmental taxation issues, effective approaches used in one country may be considered and possibly implemented by governmental authorities in other countries. This volume (the second in the series) contains 37 articles written by authors from 12 countries, with the articles grouped into five categories by topic. Preliminary drafts of the articles were presented at the Fourth Annual Global Conference on Environmental Taxation Issues held on June 5-7 2003 in Sydney, Australia. The articles in this volume were selected after being subjected to a rigorous peer review process. The articles are interesting, thought provoking, and have been written by some of the best environmental taxation scholars in the world.
